vishnu (Software engineer) 09 August 2010

Resigning within 1 month

Dear Experts,

I was working at client place. Since i got a good job, I have resigned(by sending mail) with 5 days of notice period in current company within a month of join. The current employer is not releaving me. They are saying that you should serve 2 months notice period as per the the offer letter. I told them that i will pay 2 months basic salary lieu of notice. They are not agreed to that as well. Since i could not found feasable solution after long discussion with employer, i stopped to going to office after 5 days notice period complates.

offer letter terms and conditions are as follows,

"Company may at anytime terminate your employment by giving you two month’s notice in writing or by paying two month’s basic salary in lieu of notice. You may also terminate this agreement by giving two month’s notice in writing or by paying two month’s basic salary in lieu of notice However, releasing you prior to the stipulated two month’s of notice time is purely left to the management and you shall serve the company upto the two months notice term if management wishes. Your employment may be terminated by the Company without notice or payment in lieu thereof if you commit any serious or persistent breach or non-observance of the terms, or are guilty of any serious negligence or gross misconduct in connection with or affecting the business or affairs of the Company so serious in nature that the terminating party could not reasonably be expected to continue the Agreement for any period of time"

Could you please clarify few of the questions?

1. Since i don't know releaving date, Will be there any complications, if i join in new company tomorrow.?

2. Is there any chance to block list my profile in any visa/work permit (Embassies) or any other databases.?

3. Are there any chances for legal action?

It is very critical, Please help me on the same.

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7 Replies

Dhara Shah (Law Officer) 09 August 2010

First of all send an intimation through your lawyer that you are ready to pay the two months basic salary as per companys terms and conditions. Send it by registered AD. This will work as a documentary proof in your favour,

They cannot block list your profile as you have already intimated them that you are not going to work with them any more and have serve them a five days notice too.

They may take legal action but they cannot succeed in that. if your have documentary proofs that you had intimated them before leaving the job via mail, have serverd 5 days notice and u r ready to pay two months basic salary as per company's policy.

Regards,

vishnu (Software engineer) 09 August 2010

I appreciate your earliest advice.

i will do that.

Since i don't know the exact releaving date, Will be there any legal issues, if i join in new company tomorrow.?

Regards,

Vishnu

Bhavani Sankar Mahanti (Law Officer) 10 August 2010

Dear Vishnu,

I agree with Dara Shah. and further stated that along with that notice you sent a two months salary through demand draft/ cheque. in favor of comany. The same copy was retain with you, They accepted the cheque amount that deemed to be accepted your resignation by way of deeds. you have to mentioned in that notice your relaving date as on which date you made a payment.

Better to you contact an Advocate frm your place issue notice in that notice mentioned all these things and seeking your releaving letter.

Dhara Shah (Law Officer) 11 August 2010

No, there wont be any legal issues if you join the new company but do the procedure as said above.

Tabu (Associate Consultant) 11 August 2010

Hi Darah & Mahanti,

Thanks very much for the advice, infact iam responding to this thread as Iam also stuck in a similar position. I have put my resignation through email around 10 days back and requested the HR to relieve me by 25th August, which effectively means that i would serving around 25 days notice and willing to pay the rest of the period(as the company policy reads that we need to serve 3 months).

But the current company is not informing me on when they will relieve me. And my new employer wants me to join by 25th August without fail and wants a relieving letter from the current employer.

My current company Releiving policy reads as follows

" The associate's services may be brought to an end by either side giving three months notice to the other or pay three months basic salary in lieu of notice.

However, in event of an associate's resignation, the Company in its sole discretion will have an option to accept the same and relieve the associate prior to completion of the stipulated notice period of 3 months, without any pay in lieu of the notice period or accept the same and relieve the associate after a mandatory period of service based on the criticality of the position held and subject to proper handover of documents and work related materials. "

In this case, what are my rights and what should be my steps to get smooth transition. As the company is using the second point of the policy saying that " Discretion lies with the company to releive the candidate".

Please advice as this is really urgent and i do not have any other option and will end up loosing both jobs.

Dhara Shah (Law Officer) 12 August 2010

First of all inform your new company about the game being played by your present employer with you. As well as tell them that they are not ready to issue the relieving letter, but u want to join them.

Secondly you take the print out of the mail send by you with the date and the other references. You may send the DD for the period in lieu. Also send a notice to the company that you are not willing to work with them and u r sending the draft for the days in lieu. Take a photocopy of all the documents like notice, registered AD, email send, demand draft, etc.

If the new company permits you then you can join the company without any hesitation.